American Civil Liberties Union

Reviewing the constitutionality of the Solomon Amendment, which cuts off federal funding to any university that bars military recruiters for failure to comply with the university's nondiscrimination policies. DECIDED

The Solomon Amendment denies federal funds to any university that bars military recruiters because the military's "don't ask, don't tell" policy is inconsistent with the university's generally applicable nondiscrimination rules. The Third Circuit struck down the Amendment as a violation of the right of expressive association. The ACLU's amicus brief focuses on two other First Amendment principles, arguing that the Solomon Amendment is an unconstitutional form of compelled speech and viewpoint discrimination.